I received a summons from a CC company. i dont know How to reply, it would cost me 1500.00 to hire a legal firm. while i save the money for the firm, time is passing. how long would the court allow me to file the motin for extension?
The first thing you need to do if and when you get sued is file an Answer. The summons will tell you that you must “appear” by way of an Answer in 10, 20 or 30 days, “depending on the method of service.”
PLEASE CHECK THE LAW IN YOUR STATE AS YOU MAY ACTUALLY HAVE TO APPEAR IN COURT, AS IN VIRGINIA, IN ORDER TO AVOID A DEFAULT!
You need a lawyer, but if you cannot afford one right away, rather then do nothing and have a judgment entered against you, is to “appear” by filing something!
Many people think this means they have to go to Court and this is incorrect. 90% of all lawsuits end in Default Judgments because the defendant (person getting sued) did not file an Answer.
I recommend you go to the free form I have on my website. Print it out and fill it out as instructed. You must answer the numbered paragraphs on the Complaint by writing them into the appropriate lines in the Answer. The Answer will allow you to preserve your rights and will prohibit a default judgment (i.e. you did not show up) from being entered against you.
Mimic the paperwork you got when you got sued. Answer all the paragraphs of the Complaint by writing the numbers in lines 1, 2 or 3.
Almost 100% of attorneys will deny what is owed because they did not do the calculations and do not know what the basis for the number is…
When you file the Answer that is your “not guilty”. You have the right to make the person suing you (Plaintiff) prove their case, but you must also answer the complaint truthfully.
Make sure you fill in the name and address of the attorney suing you before you bring this paperwork to the Court. Mail it to the attorney suing you right away!
Check out the guide I have drafted on the profile. This will provide more detailed instructions. If it is helpful remember to indicate that and get the guide read!
Good Luck!
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Disclaimer: This answer does not constitute legal advice. I am admitted in the States of New York, New Jersey and Massachusetts only and make no attempt to opine on matters of law that are not relevant to those three States. This advice is based on general principles of law that may or may not relate to your specific situation. Facts and laws change and these possible changes will affect the advice provided here. Consult an attorney in your locale before you act on any of this advice. You should not rely on this advice alone and nothing in these communications creates an attorney client relationship. The opinions expressed herein are those of the author only and the fact that he has worked as an Assistant District Attorney; State Supreme Court Clerk; Special Assistant United States Attorney (Hawaii); Assistant Cornell University Counsel or Judge Advocate, United States Marine Corps should not be relied upon to assume that these statements reflect the policy of these organizations.
If you are going to go to the trouble of filing a motion for an extension, you might as well just use that time to do something productive like answering the complaint!
It's not really that hard to do! In most areas of the country, you need to respond to a complaint in writing by filing a document called an “answer.” The Court may use official forms, and if they do, you can often download this form off the court website. If they don’t use official forms, you will want find an example of an “answer” and follow it as closely as you can.
In an answer, you respond to each claim made against you, sentence by sentence or paragraph by paragraph with one of four phrases - “Admit” (it’s 100% true), “Deny” (it’s 100% false), “Admit in part and Deny in part” (some of it is true, some is false), and “Deny for lack of Information (You don’t know whether it is true or not).
Unless you dispute some part of the lawsuit, even by saying you don't know, you have not effectively challenged the lawsuit & the court will rule against you.
If you have any affirmative defenses to the suit, in most states, you must list those defenses in your answer. See the court rules in your state to review the available affirmative defenses.
Of course, you must sign the answer & in most places, a notary will need to certify that you were the person that signed the answer and that you signed the answer under penalty of perjury.
For all the work that has to be done, $1,500 sounds like a pretty inexpensive fee to have a lawyer to take care of this suit. Can you afford to lose this case?
Hope this perspective helps!
I agree with the other answers, and understand your plight of having to pay $1500 in legal fees to defend a credit card debt case.
I'll offer you some additional information, that is not the nuts and bolts of how to file an answer, but may be of help...
Debt collection companies file hundreds of these cases in court every day. They count on tow things: 1.) That you will not file and answer, and they will get a default judgment against you, or 2.) If you file ANY paper with the court that might be construed as an "answer" that you do not attend the hearing, or make some other procedural mistake that allows them to get a judgment against you.
In Florida, you can file almost any "paper" with the court that is "responsive" to the complaint, and especially when it is filed by the defendant who is not represented by an attorney (i.e. you are a Pro Se litigant), the courts generally allow for a great deal of lattitude in accepting the "paper" as an answer, and thus a default for failing to file an answer should not be granted, but a hearing on the merits of the case, and your defense should be held at a later date.
Filing something with the court is better than nothing at all. If you file something, then the CC collection attorney knows that they will have to actually do some work to litigate your case, and they do not get paid enough per case to waste that kind of time. This usually brings them to the bargaining table to settle the lawsuit and enter into a stipulation for settlement. But do not settle without consulting with an attorney.
You still need to consult with or hire an attorney. Depending on your case, you may find a consumer advocate attorney that is willing to take your case on a contingency basis, if you have the right facts, and they believe that they can recover fees from the other side if you win.
It's not clear how long ago you received this nor what your venue is. However, if it's a suit filed by a credit card company, you can probably file a general denial as well as a lawyer if you're willing to do a little homework. Look on line or do some research at your local law library.
